Sirikwa squatters' ultimatum in battle for 25,000 acres with Mark Too family

Squatters battling the family of late Kanu politician Mark Too over 25,000 acres in Uasin Gishu County want criminal action taken against senior police officers who evicted them from the disputed land last year.

The evictions took place shortly after the squatters were given the land by the Court of Appeal in November 2022.

The Sirikwa squatters have issued a seven-day ultimatum to the head of Public Service Felix Koskei, Interior Cabinet Secretary Kithure Kindiki and the Inspector General of Police Japhet Koome to lay criminal charges against senior police officers who ordered their brutal eviction from the farm.

They accuse Rift valley Police Commandant ToM Odero, Uasin Gishu County Commissioner Dr Eddyson Nyale, the then Uasin Gishu Police Commandant Ayub Gitonga, Langas Officer Commanding Station (OCS) Meshack Mwangangi, his Kiambaa counterpart Swaleh Mschidzuka.

Through lawyers Arusei and Company, the squatters have formally lodged a complaint with the government against the six officers.

According to the squatters, the officers forcefully evicted, harassed, intimidated, arrested and destroyed the houses and other property of their members after taking over the property following the court ruling.

They claim that in the ensuing melee, property worth Sh4 million was destroyed and lost and that the three should be held accountable.

"That if there is no redress or settlement of our clients' grievances within the next seven (7) days from the date of this letter, our clients will explore other avenues available under the law including but not limited to filing the appropriate suit in an appropriate legal forum with all the legal consequences adverse or otherwise," reads the letter addressed to Mr Koskei, Prof Kindiki and Mr Koome.

'Brutal' evictions

The squatters said that on the night on November 25, 2022, after occupying the land for over a week following a court order, the officials, accompanied by about 350 armed police, descended on them and brutally evicted them between 10pm and midnight. 

"Our clients were evicted in the most atrocious manner for the benefit of ‘our clients' rivals’ in the court case. The police not only unleashed terror on our clients at night, but also demolished their structures, set some of them on fire, and took away some of their assets, property and livestock - some of which are still being held at Langas police station," the lawyer said.

The squatters claimed that their fundamental rights and freedoms under the constitution had been violated, including the right to be treated with human dignity, equity, social justice, equality, human rights, non-discrimination and the right to the protection of property.

"The list is not exhaustive and the above rights were violated in this night eviction. The Constitution of Kenya must and must be read holistically and not selectively to protect one party and oppress others," the lawyer said.

Threats and intimidation

The squatters said that since the eviction, they have been targeted by police with threats of arrest hanging over their heads. Some claimed to have received death threats.

"The fact that these complaints have already been made by our clients and no effort has been made to address them after five months raises serious concerns. 

They are being treated like lesser mortals compared to their challenger in the land dispute, who always has police protection," the lawyer said.

The lawyer wondered whether the police were being represented by a proxy party in the court case and whether they had hidden interests and agendas in the land dispute.

"Is this a matter that cannot be resolved domestically within the country's municipal law to enable our clients to get their justice? Does it need to be escalated to the international community and international judicial forums?" the lawyer asked.

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